M.M.PUNCHHI, J. - (1.) THIS petition for hebeas corpus was filed by Mota Singh Petitioner to get released his brother Didar Singh said to have been illegally detained by the respondent since 7 -3 -1998. I had issued the rule for 11 -3 -1983. A warrant Officer was appointed to search for the detenu at Police Station Bhogpur, where at he was stated to be detained.
(2.) THE Warrant Officer reported that the moment he disclosed his identity at the main gate of the Police Station, he found three officials present there, who at once closed the gate and bolted the same from inside. Despite his repeated asking for the door to be opened and proclaiming that he was a Warrant Officer, appointed by the High Court to carry out the orders, those Police officials did not open the, door and rather passed derogatory remarks against the Warrant Officer. In this manner the process of the writ of habeas corpus was obstructed. When the matter came up before me on 11 -3 -1993, I issued notice to the Inspector General Police, for the same day. Mr. C.K. Sawhney, Inspector General of Police, put in appearance and expressed concern in the matter. He had contemplated taking steps for the future so that the writ of habeas corpus would not be obstructed in future in the State of Punjab and promised that he will apprise this Court the steps he would take in that regard. He has not so far communicated those steps. At the same time he caused appearance of the respondent at my residence on 12 -3 -1983, who put in his affidavit explaning that the alleged detenue had been arrested on 8.3.1983, in case F.I.R. No. 29 dated 5 -3 -1983 and had been produced before Shri A.S. Katari, the Area Magistrate, on 9.3.1983, who had remanded the alleged detenue to judicial lock up till 24 -3 -1983. In this manner the arrest of the detenue was accounted for. However, the respondent was apologetic as to the conduct of his subordinates in obstructing the process of this High Court. Unmistakably the accused Harbhajan Singh Constable and Additional Muharrir Head Constable Sucha Ram of the misconduct who were posted as sentries at the gate. The respondent has today orally stated that the third person with them was Tilak Raj constable No. 146, as per his enquiries. The aforesaid three persons according to the respondent, were found gossiping at the main gate when the Warrant Officer reached the Police Station.
(3.) AS is plain from the resume of the above facts there remains nothing to be done vis -a -vis the alleged detenue in this petition. However, notice be issued against Sucha Ram, Additional. Muharrir, read Constables, attached at Police Station Bhogpur, District Jalandhar, to face charge of criminal contempt for having obstructed or intended to obstruct/illfully the Process of this Court and sequely the Administration of Justice. These proceedings are disposed of with the aforesaid directions and observations. No costs.;